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(영문) 부산지방법원 2018.02.23 2017나41764
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a personal business with the trade name of “F,” and the Defendant is a company operating an engineering work, etc.

B. On March 3, 2015, the Defendant entered into a contract (hereinafter “instant contract”) with the captain-gun of Busan Metropolitan City, under which the contract was entered into with the captain-gun of Busan Metropolitan City as KRW 228,573,00 for the construction period from March 9, 2015 to July 6, 2015 (i.e., the contract amount of KRW 13,860,814 value-added tax, including the contract amount of KRW 193,932,82,822, the contract amount of KRW 13,860,814, value-added tax, KRW 20,779,364).

C. On March 23, 2015, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, setting the construction period from March 23, 2015 to July 6, 2015, and setting the construction price of KRW 130 million (excluding value-added tax) as the construction cost to be subcontracted (hereinafter “instant subcontract”).

On July 1, 2015, the Defendant changed the design of the instant construction project to KRW 24,630,000,000,000 for the construction cost of the instant contract, but adjusted the final construction cost by changing the contract amount to KRW 23,99,00,000 (i.e., KRW 10,095,723,000,000,000,000,000,000,000,000) (i.e., KRW 207,95

E. After completing the instant construction work, the Plaintiff increased the construction cost of the instant subcontract to KRW 144,038,880 (including value-added tax, safety management expenses, and environmental preservation expenses) between the Defendant and the Defendant on August 28, 2015.

F. Meanwhile, the Defendant paid the Plaintiff the construction cost of KRW 144,038,880 and value-added tax of KRW 10,628,988 by November 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 17 evidence, Eul evidence 1 through 3, and Eul evidence 6 through 8 (including each number; hereinafter the same shall apply), the court of first instance or the court of Busan Metropolitan City as a result of each inquiry into the plane captain of Busan Metropolitan City, the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1.

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